SOMOZA v. SOLIS

No. 86-1689.

511 So.2d 618 (1987)

Bernabe SOMOZA, Alvaro Somoza, Isabel Urcuyo De Somoza and Palomino Development Corporation, Appellants, v. Marcial SOLIS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 9, 1987.


Attorney(s) appearing for the Case

Aurell, Fons, Radey & Hinkle and John K. Aurell and Elizabeth McArthur, Tallahassee; Valdes-Fauli, Cobb & Petrey and William C. Crenshaw, Miami, for appellants.

Hall & O'Brien and Richard F. O'Brien, III, Miami, for appellee.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.


PER CURIAM.

Assuming, arguendo, that the several writings signed by the acknowledged agent of the defendants-appellants (the parties to be charged) sufficiently satisfied the statute of frauds requirement that an agreement, as here, "that is not to be performed within the space of 1 year from the making thereof" be evidenced by some written note or memorandum, § 725.01, Fla. Stat. (1979), nonetheless, we find no competent evidence in this record to prove, as...

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